Thursday, December 7, 2023

1) Indigenous groups rebuke court OK for palm oil company to raze Papua forests



2) Indigenous Papuan entrepreneurs rally over unfulfilled work promises in Mountainous Papua 

3) Military members carry out air raid in response to TPNPB attack on mining site in Yahukimo – 12 civilians reportedly killed

4) Australia signs security agreement with Papua New Guinea


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1) Indigenous groups rebuke court OK for palm oil company to raze Papua forests
by Hans Nicholas Jong on 7 December 2023

  • Indigenous Awyu tribal members in Papua lambasted a court decision that effectively greenlights palm oil company PT Indo Asiana Lestari’s plans to raze 26,326 hectares (65,000 acres) of primary forest that sit on ancestral lands.
  • If developed in full, the project would replace 280,000 hectares (692,000 acres) of the third-largest stretch of rainforest on the planet with several contiguous oil palm estates run by various companies.
  • The impending deforestation would subsequently release at least 23 million metric tons of carbon dioxide, which is 5% of Indonesia’s estimated annual carbon emissions.

JAKARTA — Indigenous people in Indonesia’s easternmost South Papua province have lambasted a court’s decision to reject their lawsuit that seeks to overturn an environmental permit for a palm oil company to raze their ancestral forest.

By rejecting the lawsuit, the court is essentially greenlighting the company, PT Indo Asiana Lestari (IAL), to clear 26,326 hectares (65,000 acres) of primary forest, an area one-fifth the size of London, which sits on the company’s concession, environmentalists say.

The lawsuit revolves around an ongoing conflict between members of the Awyu tribe, sometimes spelled Auyu, and IAL, whose 39,190-hectare (96,840-acre) concession forms one chunk of the larger Tanah Merah project that competing investors have fought over during the past decade.

If developed in full, the Tanah Merah project would replace 280,000 hectares (692,000 acres) of the third-largest stretch of rainforest on the planet with several contiguous oil palm estates run by various companies — some of which are owned by unknown investors hiding behind anonymously held firms in the Middle East.


Besides problems with corporate secrecy, the Tanah Merah project has also been plagued with irregularities in its licensing process.

Some of the permits for the project were signed by a politician who was serving out a prison sentence for corruption. Others were allegedly falsified, with a high-ranking official’s signature said to have been forged on key documents.

One of the latest permits obtained by IAL, a part of Malaysia’s Whole Asia Group, is a decree by the head of the Papua investment agency (DPMPTSP) that gives approval to the company’s environmental impact analysis, known as Amdal.

The decree essentially serves as an environmental feasibility permit to IAL.

The Awyu tribe argued that they weren’t involved in the permit issuance process even though they’re going to be affected by the company’s operation, a violation of the 2021 law on Papua’s special autonomy, which obligates the government to involve Indigenous people in the permit issuance process.

The tribe said it wasn’t until August 2022 that they were aware of the existence of the letter, even though the letter was issued on Nov. 2, 2021.

They also said their objection to the project wasn’t being considered at all in the permit issuance process.

Therefore, the tribe decided to file a lawsuit to challenge the letter at the state administrative court in Jayapura on March 13, 2023.

During seven months of trial, the judges were presented with 102 pieces of documentary evidence, six factual witnesses and three expert witnesses, all of which demonstrated irregularities in the issuance of IAL’s permits, according to Greenpeace.

Despite the overwhelming evidence, the court rejected the lawsuit on Nov. 2, 2023.

“I am extremely sad and disappointed because our legal struggle appears to have been in vain. But I’ll never back down, I will carry on. I’m ready to die for the land that my ancestors bequeathed us,” said Hendrikus Woro, a member of the Awyu tribe from the Woro clan who filed the lawsuit. “If the judges didn’t believe us, they should have gone out to our traditional lands to see for themselves.”


Sekar Banjaran Aji, a Greenpeace Indonesia forest campaigner who’s a member of the Awyu tribe’s legal team, said the judges’ decision also ignored the potential impacts IAL had on the climate.

This is because the establishment of plantations in IAL’s concession would entail the deforestation of 26,326 hectares of primary forest, which would subsequently release at least 23 million metric tons of carbon dioxide. This is 5% of Indonesia’s estimated annual carbon emissions for 2030.

“We are disappointed with the judges’ decision and will continue the fight until we win, to uphold the rights of Indigenous peoples and to save Papua’s forests from massive destruction and the worsening climate crisis,” Sekar said. “This is an odd decision in that the judges not only did not side with Indigenous landowners and the environment, but also seemed to ignore many of the facts brought to court.”

In their decision, the panel of three judges declined to looked at the Amdal process, which the Awyu tribe said had been flawed due to lack of participation by Indigenous peoples who will be affected. The judges said the Amdal wasn’t the object being contested by the tribe at the court, and thus the only object under consideration was the decree that approves the Amdal.

Sekar said the judges failed to see that the Amdal is the basis for the issuance of the environmental feasibility permit.

The judges also argued that IAL had properly informed and involved Indigenous peoples, as shown by the existence of a letter from an Indigenous organization called LMA in Boven Digoel, the district where the project will take place.

In the letter, dated Aug, 29, 2018, the organization voiced its support to IAL.

Tigor Hutapea from environmental NGO Yayasan Pusaka, who’s also a member of the Awyu people’s legal team, said the judges were wrong in giving weight to the support letter.

“The LMA’s formal legal status and its position under traditional Indigenous law is unclear; furthermore, it does not represent the Awyu Indigenous people and the Woro clan,” he said. “It does not have the right to approve the release of forests belonging to Indigenous communities. This ignores the internationally mandated principle of free, prior and informed consent (FPIC) by directly affected communities.”

The head of the Papua’s investment agency, Solaiyen Murib Tabuni, denied the allegation that the Amdal process was flawed.

He said there were some community members who rejected IAL, but there were also some who agreed, which was enough for the agency to issue the decree.

“Amdal has been carried out using the right procedure. There’s been approval by the people, and that’s why the decree was issued,” Solaiyen said, as quoted by BBC News Indonesia.

While there’s a support letter by the LMA, it’s clear that IAL still hadn’t properly consulted the Awyu tribe, particularly the Woro clan. This was shown by the company maps failing to acknowledge the existence of the Woro clan, Sekar said.

Furthermore, the Amdal document also didn’t include details of the environmental landscape of the concession, even though the forest houses a variety of endemic plant species, she said.

Sekar said the Woro clan might have been deliberately removed from the maps because they had protested againt IAL.

The Awyu tribe said they had opposed the palm oil project since IAL informed some of the communities on its plan to establish plantations.

The tribe feared that the establishment of large-scale oil palm plantations would displace them.

IAL has yet to start clearing land, but it has been gearing up to do so since early 2021 by deploying heavy equipment, which has alarmed local communities.

“We will lose our [ancestral] lands. Our livelihoods depend on [our] lands and forests, which will disappear,” said Kasimilius Awe, the chief of the Awyu’s Awe clan. “All of our lives depend on nature.”

 

Banner image: Indigenous Papuan man of Awyu tribe Hendrikus Franky Woro hunting on his tribe forest in Boven Digoel, South Papua. Image courtesy of © Jurnasyanto Sukarno / Greenpeace.

Related audio from our podcast: This episode of Mongabay Explores-New Guinea shares what was learned from almost two years of award-winning investigative reporting by Mongabay, Malaysiakini, Tempo, Earthsight and The Gecko Project, plus what we now know about the Tanah Merah project — and still don’t know — including who owns this company that’s currently converting a giant swath of rainforest to oil palm plantations. Listen here: 

FEEDBACK: Use this form to send a message to the author of this post. If you want to post a public comment, you can do that at the bottom of the page.


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2) Indigenous Papuan entrepreneurs rally over unfulfilled work promises in Mountainous Papua 
News Desk - Mountainous Papua Province
 8 December 2023

Wamena, Jubi – Tens of Indigenous Papuan entrepreneurs and contractors in the Mountainous Papua Province protested at the Governor’s office seeking assurances regarding job opportunities for Indigenous Papuans.

Jhon Matuan, the coordinator, expressed their collective frustration over the lack of clarity regarding promised work projects that had been auctioned four months ago but hadn’t materialized yet.

Matuan elaborated on their recent meeting with the Governor of Mountainous Papuawhere assurances were made about a budget allocation of Rp19 billion from the provincial Public Works and Housing Office earmarked for Indigenous Papuan entrepreneurs. However, despite these commitments, the anticipated work projects have not materialized as promised.

Matuan emphasized their disappointment in the delay, citing instances where projects were awarded to non-Indigenous Papuan entrepreneurs, including those affiliated with official entities within the provincial government.

Meanwhile, Chairman of the Papuan Entrepreneurs Customary Chamber (KAPP) Musa Haluk called upon all heads of government agencies and officials with companies (CV and PT) to refrain from participating in job auctions, urging them instead to prioritize Indigenous Papuan entrepreneurs in Mountainous Papua. Haluk stressed the urgent need for the Provincial Government to take swift action in fulfilling these promises.

Nabas Tabuni, representing the Indigenous Papua entrepreneurs from Lanny Jaya, echoed the sentiment, urging the Mountainous Papua Provincial Government to exclude non-Indigenous Papuan entrepreneurs from future auctions. He highlighted the presence of numerous qualified local companies and regional subsidiaries, emphasizing that it was time for the government to prioritize the involvement of Indigenous Papuans in these opportunities for the upcoming year. (*)

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3) Military members carry out air raid in response to TPNPB attack on mining site in Yahukimo – 12 civilians reportedly killed

Security force members reportedly attacked an illegal gold mining site at the Yi River in the Seradala District, Yahukimo Regency, Papua Pegunungan Province, on 6 November 2023. The attack, using ground forces and three helicopters, occurred in response to an initial attack by members of the West Papua National Liberation Army (TPNPB) on the mining site. According to information received, eleven persons were killed during the TPNPB assault; several others were injured.
Following the TPNPB attack, about 60 persons working at the mining site fled to neighbouring villages and informed the Yahukimo District police via SSB radio about the incident. Thereupon, joint security forces, consisting of members of the Damai Cartenz special police and the 1715 military command, launched an attack on the mining location involving three helicopters and ground personnel.   
Informants allege that security forces indiscriminately opened fire and dropped mortar grenades from the helicopters on the mining site. A Papuan student named Mr Nopenus Murib was reportedly killed during the attack. He had worked in the mine, earning money to pay his tuition. Another mine worker, Mr Ayunga Telenggen, was injured during the attack and needed medical treatment.
Local or national media have not yet taken notice of the attack, as the mining site is very remote, and security forces have shut down the internet network in the area. Moreover, the connecting road between Yahukimo’s biggest town, Dekai, and the Pegunungan Bintang Regency has been closed by security forces for more than a month. Informants say the displaced gold panners have difficulty returning to Dekai by road.
The Yahukimo Regency has become a hotspot of armed violence over the past years. The mutilation of two indigenous women and the killing of five civilians at the Braza River are the most recent cases of violence in the regency. On 16 October 2023, the TPNPB had already attacked an illegal mining site in Yahukimo and killed at least seven gold panners, mostly non-Papuans. The police were able to evacuate eleven persons from the illicit mining site. The TPNPB has called upon all non-Papuans to leave conflict hotspots, in particular the regencies Yahukimo, Nduga, Intan Jaya, Puncak, Pegunungan Bintang, and Maybrat.

Photos of a smoke and mortar grenade used in the attack on the illegal mining site in Yahukimo, 6 November 2023


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4) Australia signs security agreement with Papua New Guinea

 5:34 pm on 7 December 2023   
Australia and Papua New Guinea signed a bilateral security agreement today that Prime Minister Anthony Albanese and counterpart James Marape said showed the closeness of the two nations.
The deal is designed to bolster PNG's internal security through more assistance in policing, defence and the judiciary as the Pacific Islands' largest nation seeks to develop its economy.
Amid strategic competition between China and the United States in the region, PNG signed a defence deal with the United States in May to upgrade its military bases, and is boosting trade ties with China.
Marape told reporters on Thursday the security agreement with Australia showed they were "brother and sister nations", but added PNG would not pick sides and had a foreign policy of "friends to all".
"This is a comprehensive and historic agreement. It will make it easier for Australia to help PNG address its internal security needs," Albanese told a news conference in Canberra.

He paid tribute to the support PNG's population gave to Australian service members during World War II, and said it was a defence relationship forged through sacrifice.
"For our interests going forward, we have no closer friends than Papua New Guinea," Albanese said.
PNG's judiciary, public service and borders were established by Australia before PNG became an independent nation 48 years ago, Marape said.
"You have always given support to us. What happens up north of your borders has deep, deep shared effect, benefit, consequences, on our region," he added.
The text of the agreement says that enhancing PNG's capabilities contributes to "Pacific-led regional security and stability", and that the two nations will prioritise consultations with each other on PNG's need for security-related equipment, infrastructure and training.
As China has sought to boost its security presence in the Pacific Islands, signing deals to equip and train police in Solomon Islands and Vanuatu, where it is a large infrastructure lender, Australia has said security should be provided by Pacific countries.
Defence Minister Richard Marles said on Wednesday that a meeting of South Pacific defence ministers, including PNG, had agreed at a meeting in the French territory of New Caledonia to consider forming a Pacific Response Group to provide assistance in emergencies.
The security deal between Australia and PNG says the two nations will consult if there is a threat to peace in the Pacific, or an external armed attack on either party.
It also covers classified information sharing, critical infrastructure, cyber, maritime and aviation security and health.
- Reuters

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